A mock jury of 12 people heard evidence for and against Diddy and voted his fate ... and the results may surprise you.
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00:00We have a new Diddy documentary that just dropped on Tubi.
00:04It's called The Downfall of Diddy, His Defense.
00:08Up to now, we've done three others
00:11where we've laid out the prosecution case.
00:14This time, we're talking specifically,
00:17what is Diddy's defense?
00:19And we decided to test it with a mock jury,
00:23and it is fascinating.
00:25It is absolutely fascinating, keeping in mind
00:28that the real jury will be sitting down to do this.
00:31The trial starts first week in May,
00:34so this is coming up really quickly.
00:36And Diddy is, right now, every day,
00:40we know this, hammering out what that defense is going
00:42to be with his attorneys.
00:44And there are so many people who think he's dead to rights,
00:48that this thing is over before it begins.
00:50It always feels like that, especially
00:52before federal trials, because you get to read the indictment.
00:56You have all the, not all, but you
00:58have much of what the prosecution is going to be.
01:01But there's something additional.
01:02Of their strategy.
01:03There's something additional here.
01:04You're right, that they hear about all of that.
01:07But what they're also hearing is these other lawsuits
01:10that have been filed by all these civil law firms,
01:13and you're hearing about minors, which
01:15aren't going to be part of the criminal case.
01:17You're hearing about all these videos with celebrities,
01:20not going to be part of the criminal case.
01:23And the Cassie video.
01:25The Cassie video is going to be part.
01:27We're going to get to that in a minute with the jury.
01:29But what we did was, number one, we
01:33showed them the prosecution's case
01:37from one of our documentaries.
01:39And then we showed them the defense
01:41from the current documentary.
01:43And we asked them to deliberate and to vote.
01:47Now, there are three charges that Diddy is on trial for.
01:52Racketeering, sex trafficking, and also the interstate
01:57commerce of prostitution.
02:00If you think this was a slam dunk, not with our mock jury.
02:07There has been no profit motive involved at all.
02:10The last word is profit.
02:11He's already rich.
02:12So whether or not he had the freak offs, or he did whatever.
02:16Follow the money.
02:17Well, there is no money to follow.
02:19I mean, the freak offs aren't.
02:22OK, the way in which I read it.
02:23It's not an illegal business.
02:24A freak off is a freak, or whatever these things are,
02:27right?
02:27Yeah, you're wrong.
02:29But the profit, that last word actually got my attention.
02:31Because I was like, how is he making any money in that thing
02:35at all?
02:35I don't see the coercion part.
02:37You know?
02:37Oh, no.
02:38Because if he willingly did it, and then the person
02:40willingly accepted.
02:41I don't see the.
02:43One thing that I haven't heard said at this table yet
02:45is bribery.
02:46So he probably promised a lot of these people,
02:49either fame, fortune, riches, whether or not
02:51he delivered.
02:52I doubt it.
02:52But that's another matter entirely, right?
02:54So that's obviously, if he incentivized
02:57some of these people in order to participate
02:59in all of these things, that wouldn't surprise me at all.
03:01Is that a definition, or does that
03:03fit a definition of coercion in any way, bribery?
03:06I'm crystal clear that this happens to 100.
03:10I mean, seriously, 100 dudes, white dudes in LA
03:12doing this right now.
03:13100, easy.
03:14However, no, they are not Diddy.
03:17But no, they don't have a 14 page indictment.
03:21So racketeering requires proof of profit.
03:24And usually, it's an organization like the mafia.
03:27Here, they're going after an individual.
03:30And you need to show a profit motive.
03:32So this jury got really hung up on,
03:36where's the profit for Diddy in these freak offs?
03:39And they had a problem with that.
03:40They also had a problem with the consent issue, some of them.
03:44Because the three alleged victims
03:47were all girlfriends at the time of Diddy's, including Cassie.
03:51And they had a problem.
03:55If they were girlfriends who could leave,
03:57where's the coercion?
03:59But I think some of that will be addressed when you actually
04:03hear the victim's testimony.
04:04When the real jury, this mock jury
04:07obviously doesn't know exactly what Cassie
04:10or any of the other victims are going to say on the stand.
04:15What I really loved about this is
04:16it's exactly how juries work.
04:18I've worked with juries a lot in the past.
04:20And you never know what words they're going to pick up on,
04:22what little technicalities from the jury instructions
04:25or from the lawyer's arguments they're going to pick up on.
04:27And the one thing you know is that race is always
04:30going to be a part of it, right?
04:31Harvey, I've heard you say many, many times
04:33that race is a part of every trial in this country.
04:35Race is going to be a part of this.
04:37There's going to be little picky points.
04:39It may not even occur as big points to the press
04:41or to the lawyers.
04:42But jurors will pick up on it and run with it.
04:45And it definitely impacts the outcome of this case.
04:47Now, the big thing that is really interesting,
04:51and it's going to be a big problem for the defense,
04:54if you look at this mock jury, the Cassie video,
04:57he is not being prosecuted for it.
04:59That's a state crime in California,
05:01and the statute of limitations is run.
05:03But I am telling you, that video was thunderous
05:08for a bunch of these jurors.
05:12And not so much even that it related
05:15to an element of either of the crimes.
05:17What it shows is the type of person
05:20that they will view Diddy as, which
05:23is going to make his character less,
05:26he's going to be less believable.
05:28And whatever it is that the defense is presenting,
05:31that video is always in their mind.
05:32It's a huge issue.
05:33I mean, we've talked about the fact
05:35that there's sometimes videos or photos
05:38or whatever don't get admitted to a case
05:40because they're prejudicial.
05:41They're overly prejudicial.
05:42Overly prejudicial.
05:44Right.
05:45This is getting admitted.
05:46Both sides agree.
05:49It's going to be admissible.
05:50The defense has a hurdle to jump.
05:52I will tell you that they vote in the end,
05:55and the vote may surprise you.
05:58Hi, my name's Shana, and I'm from the UK.
06:01The prosecution are going to have their work cut out,
06:03but we know this already.
06:04Looking at the charges, though,
06:05I believe that they might not stick.
06:08I believe that they're going to argue
06:09that a lot of the stuff that went on
06:10was, in fact, consensual, even if it wasn't.
06:13So we're going to see how this plays out.
06:15By the way, documentary is called
06:18TMZ Presents The Downfall of Diddy.
06:20His defense.
06:21His defense.
06:22It is available for free on Tubi.
06:24Just go to tubi.com.
06:26♪♪